New Jersey § 13:1d-125
Full text of New Jersey New Jersey Statutes § 13:1d-125, with citation guidance and answers to common questions.
§ 13:1d-125.
The Legislature finds and declares that: The Department of Environmental Protection has historically measured the success of
its enforcement programs based upon the magnitude of penalties imposed, correlating
higher penalties with greater success, and that this paradigm is predicated upon the
belief that the threat or imposition of monetary sanctions is the sole economic incentive
inducing compliance and the dominant force driving corporate compliance decisions
and investments. The economic dynamics of pollution control and waste management have substantially
changed since the inception of environmental regulatory and enforcement programs;
that considerable market forces now exist which substantially influence the economics
of compliance; that the threat or imposition of monetary sanctions is no longer the
dominant force driving corporate compliance decisions and investments; and that the
enforcement programs administered by the Department of Environmental Protection should
recognize these changes in the factors which influence compliance. There are equally effective alternative methods to promote compliance with environmental
laws, such as establishing grace (compliance) periods, which are especially well-suited
for minor violations that have minimal, if any, effect upon public health, safety
or natural resources, and that the Department of Environmental Protection affords
grace (compliance) periods in certain regulatory programs for minor violations of
environmental laws, but this policy is not consistently applied throughout all regulatory
programs. Expanding the use of grace (compliance) periods will promote compliance by allowing
those members of the regulated community who are committed to working diligently and
cooperatively toward compliance, to invest private capital in pollution control equipment
and other measures which will yield long-term environmental benefits, instead of in
costly litigation and the payment of punitive monetary sanctions. Establishing a policy for the consistent application of grace (compliance) periods
for minor violations is a proper exercise of the Department of Environmental Protection's
enforcement discretion and will enable the Department of Environmental Protection
to more sharply focus limited public resources on serious violations of environmental
law. Establishing and employing grace (compliance) periods for minor violations will ensure
the administration of an effective, consistent, sensible and fair enforcement program
by the Department of Environmental Protection, and promote the health and safety of
the public and the protection of natural resources. Persons responsible for minor violations of environmental laws should be afforded
a grace (compliance) period, and if the person responsible for the violation achieves
compliance within the grace period, the Department of Environmental Protection should
refrain from imposing penalties. The economic dynamics of compliance, in combination with an evolving environmentally-sensitive
corporate ethic, have resulted in the initiation of environmental audits by regulated
entities and the consequent discovery of violations of environmental laws. Environmental enforcement policies should promote and encourage the initiation of
environmental audits, the diligent remediation of violations so discovered and the
immediate and voluntary disclosure of such violations to the Department of Environmental
Protection. The Department of Environmental Protection should refrain from imposing monetary sanctions
for violations immediately and voluntarily disclosed, provided certain conditions
are met.
Frequently Asked Questions About New Jersey § 13:1d-125
What does New Jersey Statutes § 13:1d-125 cover?
Section 13:1d-125 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 13:1d-125?
A common citation format is "New Jersey Statutes § 13:1d-125" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 13:1d-125 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.